Penrith Water and Gas Supply Act of 1886 50 Vic (NSW)

1886. 50° VIC. . 161 Penrith Water and Gas Supply. An Act to enable Thomas Sellwood Huntley vesaree warn AND Gas Svppry, and Walter Barnard to establish a system — of Water Supply and to construct Gas- works within the Borough and Suburbs of Penrith. [25th October, 1886. ] IITEREAS it is expedient that the Borough of Penrith and its Preamble. Suburbs in the Colony of New South Wales should be provided with an adequate supply of water properly filtered from the Nepean River and should be supplied and lighted with gas And whereas Thomas Sellwood Huntley and Walter Barnard hereinafter designated the promoters desire to establish and carry out works for such purposes and other purposes incidental thereto in the said Borough and Suburbs And whereas the Municipal Council of the said Borough have at the request of the said Thomas Sellwood Huntley and W: alter Barnard and in consideration of the benefits to arise from the establish- ment and carrying out such works consented to the vesting in the said Thomas Sellwood IIuntley and Walter Barnard of all necessary powers and authorities so far as the rights and interests of the said Municipal Council are concerned Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— PART I. Preliminary— Powers and duties of the promoters as to Water and Gas supply Se. 1. This Act may be cited as the "Penrith Water and Gas Supply Act of 1886" Its provisions are arranged under Five Parts embracing the following subjects— PART I.—Preliminary—Powers and duties of the promoters as to water and gas supply Se. PART II.—Special provisions as to water supply. PART IIL—Special provisions as to gas supply. PART IV.—The acquisition and occupation by the promoters of lands for purposes of water supply—ascertainment of compen- sation in respect thereof. PART V.—WMiscellaneous provisions—Legal procedure. And in the constuction of this Act the following words and Interpretation of expressions in inverted commas shall unless there be something in the terme, context repugnant thereto or inconsistent therewith bear the meanings and include the persons or things hereby respectively set against such words and expressions that i is to say :-— "Central Authority'—The Board of Water Supply and Sewerage —or until sucht Board shall be constituted the Minister for Public Works. * Conduit"—The canals tunnels aqueducts cuttings or pipes by means of which the main stream of water is supplied to the said Borough or Municipal District. " Governor'—The Governor with the advice of the Executive Council. " Justice'—Any Justice of the Peace. " Owner? — xv 162 . 50° VIC, 1886. Penrith Water and Gas Supply. ** Owner'—Any person who is in the receipt of the rents and profits of any house manufactory or buildings of whatsoever kind or of any land. " Street?'—Any square court alley highway railway tramway lane road thoroughfare or other passage footpath or place whether public or private within the limits of this Act. " Water District"'—The area within which water is authorized to be supplied to the inhabitants of the said Borough or Muni- cipal District. « Promoters'—The said Thomas Sellwood Ifuntley and Walter Barnard their representatives or assigns owners for the time being of the Penrith Waterworks and Gasworks. " Gasworks'—The Gasworks and works connected therewith by this Act authorized to be constructed. "Town and Suburbs of Penrith'—All the districts which are included within the Municipality of Penrith. 2. Before the promoter shall put into force any of the provisions contained in this Part with respect to the acquisition of land otherwise than by agreement the following conditions and provisions shall be observed :— (1) The promoters shall publish once at the least in each of three consecutive weeks in some local newspaper circulating in the Municipality a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any land naming the Council Chambers as the place where a plan of the proposed undertaking may be seen at all reason- able hours and stating the quantity of lands required. (11) The promoters shall serve a notice on every owner or reputed owner lessee or reputed lessee and occupier of such lands defining in each case the particular lands intended to be taken and requiring an answer stating whether the person so served assents dissents or is neutral in respect of taking such lands. (111) On compliance with the provisions of this section with re- spect to notices the promoters may if they think fit present a petition to the Governor and such petition shall state the lands intended to be taken and the purposes for which they are required and the names of the owners lessees and occupiers of lands who have assented dissented or are neutral in respect to the taking such lands or who have returned no answer to the notice And it shall pray that the promoters may with reference to such lands be allowed to put in force the powers contained in Part IV of this Act with respect to the acquisition of lands otherwise than by agreement and such prayer shall be supported by such evidence as the Governor may require. (tv) On the receipt of such petition and on due proof of the proper notices having been published and served the Governor shall take such petition into consideration and may either dismiss the same or direct a local inquiry as to the propriety of assenting to the prayer of such petition but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners lessees and occupiers thereof. (v) After the completion of such inquiry the Governor may by provisional order empower the promoters to put in force with reference to the lands referred to in such order the powers of the said Part with respect to the acquisition of lands otherwise than by agreement or any of them and either absolutely Conditions prior to acquisition of lands, 1886. 50° VIC. Penrith Water and Gas Supply. absolutcly or with such conditions and modifications as the Governor may think fit and it shall be the duty of the promoters to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served. PART II. Special provisions as to Water Supply. 8. Subject to the provisions of this Act the promoters may exercise any of the powers in this Part contained for the construction of waterworks for the supply of water from the Nepean River to the town and suburbs of Penrith and for the purpose of carrying out the provisions of this Act promoters may (1) Enter upon any lands and take levels of the same and set out such parts thereof as they shall think necessary (ir) Enter upon take and hold such land as they may from time to time deem necessary for the construction and maintenance of any of the works authorized or transferred by this Act or for obtaining or enlarging the supply of water or for improving the quality thereof for the purposes of this Act (111) Enter upon any Crown or private lands strects roads or thoroughfares and lay or place therein any pipes and may repair alter cut off or remove the same and may enter upon any such lands streets roads or thoroughfares for the purpose of repairing any watercourses or other works being their property or under their control Provided always that in the exercise of any of the powers hereby con- ferred the promoters shall inflict as little damage as may be and in all cases where it can be done shall provide other watcring-places drains and channels for the use of adjoining lands in place of any taken away or interrupted by them and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers Provided nevertheless that the promoters shall not be liable to make compensation in respect of any damage sustained by reason of the taking of watcr from the said river. 4. Every person who shall wilfully obstruct any person acting under the authority of the promoters in setting out the line of any works undertaken under the authority of this Part or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works or destroy or injure any works so under- taken as aforesaid shall incur a penalty not exceeding five pounds for every such offence. 5. If any person unlawfully and maliciously destroy or damage or attempt to destroy or damage any reservoir dam tank tunnel water- course sluice main pipe aqueduct bridge read way or engine or other part whatever of the works of the promoters every such offender shal be guilty of felony and shall be liable to be imprisoned for any term not exceeding ten years. 6. The promoters may open and break up the soil and pavemen of the several streets and bridges within the limits of its water district and may open and break up any sewers drains or tunnels within or under such strects and bridges and lay down and _ place within the same limits pipes conduits service-pipes and other works an engincs and from time to time repair alter or remove the same and for the purposes aforesaid remove and use all earth and materials in an under Authority of promo- ters to construct waterworks. Penalty for obstruct- ing construction of works, Penalty for destroying works Power to open streets &c. 164: 50° VIC. 1886. Penrith Water and Gas Supply. under such str ects and 'bridges and do all other acts which the promoters shall from time to time deem necessary for supplying water ; to the inhabitants of the district included within the said limits. Reinstatement of 7. When the promoters shall open or break up the road or pavement of any street or bridge or any sewer drain or tunnel they shall with all convenient speed complete the work for which the same shall be broken up and fill in the ground and reinstate and make good the road or pavement of the sewer drain or tunnel so opened or broken up and carry away the rubbish occasioned thereby And shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be fenced and guarded and shall cause light suffi- cient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken wp. Promoters not liable 8. The promoters shall not be liable (in the absence of express to supply water nor Stipulation under any agreement for the supply of water) to any penalty compellableto supply or damages for not 'supplyi ng such water if the want of such supply arises from unusual drought or other unavoidable cause or accident. Agrecmentsto supply 9. The promoters may supply any person with water for poses not domestic, domestic or other purposes by measure at such rates upon such terms and subject to such conditions as may be agreed upon by the pro- moters and the person requiring to be supplied. Promoters may let 10. The promoters may let for hire to any consumer of water : supplied by measure any meter or instrument for measuring the quantity of water supplied and consumed and any pipes and apparatus for the conveyance reception or storage of the water for such remu- neration in money as may be agreed upon between the promoters and the consumer which shall be recoverable in the same manner as rates due to the promoters for water. Meters of promoter 11. Such meters instruments pipes and apparatus shall not be not distrainable &e. : . 5 . subject to distress for rent of the premises where the same are used or to be attached or taken in execution under any process of any Court of Law of Equity or under or in pursuance of any sequestration or order in insolvency or other legal proceedings against or affecting the consumer of the water or the occupier of the premises or other the person in whose possession the meters pipes instruments and apparatus may be. Meter to be supplied 12. Every person who shall have agreed with the promoters for and maintained by ; © . : . . consumer. a supply of water by measure shall at his own expense unless he hire ameter from the promoters provide a meter and keep and maintain the same in good working condition to the satisfaction of such officer as may be appointed by the promoters and in the event of any repairs being required notice in writing shall be immediately given by such person to the promoters and a registration of the quantity used shall be taken before such repairs are effected. Notice of removal &. 18. Every person requiring to remove or alter the position of of meter. any meter shall leave six days notice in writing to that effect at the registered office of the promoters hereinafter mentioned and a registra- tion of the quantity of water used shall be taken before such removal or alteration is made. Water may be cut 14. If any person refuse or delay to have such meter properly oi if meter not in . . . 4 » . . order. repaired and put in correct working order after having been. required by any officer of the promoters so to do the promoters may shut off the supply of water from the premises of such person either by cut- ting the service-pipe or otherwise until such meter shall have been properly repaired and certified by some officer of the promoters as being in proper working order. Penalty fr fixing 15. Ifany plumber or other person fix or refix any meter upon "any premises supplied with water by the promoters without having first obtained a certificate from the promoters that the said meter has been examined and found in correct working order he shall forfeit a sum not exceeding ten pounds, 16. 1886. 50° VIC. Penrith Water and Gas Supply. 16. If any person remove or alter the position of or in any way interfere with any meter without giving such notice as aforc- said he shall for cach such offence forfeit a sum not exceeding twenty pounds Provided that the promoters shall at all times have an office in the Town of Penrith and shall register the same at the Council Chamber of the said Municipal Council at Penrith. 17. The officers of the promoters may enter any house building or lands to through or into which water is supplied by the promoters by measure in order to inspect the meters instruments pipes and apparatus for the measuring conveyance reception or storage of water or for the purpose of ascertaining the quantity of water supplied or consumed and may from time to time enter any house building or lands for the purpose of remov ing any meter instr ument pipe or apparatus the property of the promoters and if any person hinders any such officer from entering or making such inspection or effecting such removal he shall for each such offence be liable to a penalty not excecding five pounds but except with the consent of a Justice a power of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon. 18. In all the pipes to which any fire-plug is fixed the promoters shall provide and keep constantly laid'on for use unless prevented by unusual drought or other unavoidable accident or during necessary repairs a sufficient supply for the following parposes (that is to say) for cleansing the sewers and drains for cleansing and watering the strects and for supplying any public hospitals or charitable institutions or any public pumps baths and washhouses that may be established for the use of the inhabitants and paid for out of any municipal rates and such supply shall be provided at such rates and upon such terms and conditions as may be agreed upon by the said Municipal Council and the promoters or in case of disagreement. as shall be settled by two Justices. 19. The promoters at the request of the Municipal Council shall fix proper fire-plugs in the main and other pipes belonging to them at such convenient distances and at such places as they may consider proper and convenient for the supply of water for extinguishing any fire which may break out within the Borough And shall from time to time renew and keep in effective order every such fire-plug And shall put up a public uotice in some conspicuous place in cach street in which such five-plug is situated showing its situation And such notice may be put up on any house or building i in such strect. And as soon as such fire- plug is completed they shall deposit a key thereof in each place where any publie fire-engine is kept 'The cost of such fire- plugs and the expense of fixing placing and maintaining the same in repair and of supplying such keys as aforesaid shall he defrayed by the said Municipal Council. 20. The promoters may at the request and expense of the owner or occupier of any manufactory or works situated in or near any strect, or road in which or within two hundred yards of which there shall be a pipe of the promoters place and maintain in effective order a fire- plug (to be used only for extinguishing fires) or near as conveniently may be to such manufactory or works. 21. The promoters shall at all times keep charged with water all their pipes to which fire-plugs are fixcd unless prevented by drought or other unavoidable catise or accident or during necessary repairs And shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire without making compensation for the same, 22. If except when prevented as aforesaid the promoters neglect or refuse to fix retain or repair such fire-plug or to furnish to the Municipal For removing or altering meter with- out notice, Power to officers of Promoters to inspect meter, Supply of water for public purposes. Fine-rivas. Promoters to place public fire-plugs in mains, Fire-plugs for manufactorics &e, Pipes to be kept charged and water taken for fires, Penalty for refusal to fix &e. fire- -plugs or for occasionel failure of supply of water. 166 50° VIC. 1886. Penrith Water and Gas Supply. Municipal Council a sufficient supply of water for the public purposes aforesaid upon such terms as shall have been agreed on or settled as aforesaid or if except as aforesaid they neglect to keep their pipes charged as aforesaid or neglect or refuse to furnish to any owner or occupier liable to be rated under this Act during any part of the time for which such rates have been paid or tendered they shall be liable to a penalty of fifty pounds and shall also forfeit to the said Municipal Council or to every person having paid or tendered the rate the sum of twenty shillings for every day during which such refusal or neglect shall continue after notice in writing shall have been given to the promoters of the want of supply. Notice to lay service 23. After pipes have been laid under the authority of this Act pee for the supply of water to any street or part thereof the promoters shall cause a notice in the form contained in the First Schedule hereto or to the like effect to be published in four consecutive numbers of some newspaper circulating in the borough or district and the owner or occupier of every tenement referred to in such notice shall within four weeks from the date of the last publication of such notice cause a proper pipe and stop-cocks to be laid so as to convey a supply of water to such tenement And after fourteen days from such last publication the owner or occupier of such tenement shall unless the promoters refuse to supply him with water be liable to pay the rates and charges for such supply although no such pipe and stop-cocks be laid or no such water be used in such tenement. PIprs LAID BY 24, Any owner or occupier of any dwelling-house or part of a Qwsexs ok dwelling-house within the town and suburbs of Penrith who shall wish — ___to have water from the waterworks of the promoters brought into his foley carrie einen premises and who shall have paid or tendered to the promoters the portion of water rate in respect of such premises by this Act directed to be paid in advance may open the ground between the pipes of the promoters and his premises having first obtained the consent of the owners and occupiers of such ground and lay any pipes from such premises to communicate with the pipes of the promoters. Notice to promoters 25. Such pipes shall be of a strength and material approved of of laying pipes. hy some officer of the promoters and every such owner or occupier shall before he begins to lay any such pipe give to the promoters two days notice of his intention to do so. Communication with 26. Before any pipe is made to communicate with the pipes of Frade ander sunon, the promoters the person intending to lay such pipes shall give two intendence of days notice to the promoters of the day and hour when such pipe is sueveyors intended to be made to communicate with the pipes of the promoters and every such pipe shall be so made to communicate under the super- intendence and according to the directions of the surveyor or other Bore of service pipes. officer appointed for that purpose by the promoters And the bore of such pipe shall not exceed three-quarters of an inch except with the consent of the promoters. Service-pipes may be 27. Any person who shall have laid down any pipe or other 'em: bd . . netic, | Works or who shall have become the proprietor thereof may remove the same after having first given six days notice in writing to the promoters of his intention so to do and of the time of such proposed removal and every such person shall make compensation to the pro- moters for any injury or damage to their pipes or works which may be caused by such removal. Power to break up 28. Any such owner or occupier may open or break up so much Pavements of the pavement of anyas shall be between the pipes of the promoters and his house building or premises and at any sewer or drain therein for any such purpose as aforesaid (doing as little damage as may be and making compensation for any damage done in the execution of any such work) Provided always that every such owner or occupier desiring 1886. 50° VIC. 167 Penrith Water and Gas Supply. desiring to break up the pavement of any street or any sewer or drain therein shall be subject to the same necessity of giving previous notice and shall be subject to the same control restrictions and obligations in and during the time of breaking up the same and also reinstating the same and to the same penalties for any delay i in regard thereto as the promoters are subject to under the provisions of this Part Provided also that the service mains shall be laid in the centre of the streets. 29. If any person supplied with water by the promoters wrong- PROTECTION OF THE fully docs or causes or permits to be done anything in contrav ention = of any of the provisions of this Part or wrongfully fails to do anything Tn ence of any breach which under any of those provisions ought to be done for the pre- Set water may be. vention of the waste misuse undue consumption or contamination of cut off. the water of the promoters the promoters may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through, which water is supplicd to him or for his use and may cease to supply him with water so long as the cause of injury remains or is not remedied. 30. If any person supplicd with water by the promoters wil- Fenalty for waste fully or negligently causes or suffers any pipe valve cock cistern bath °""" soil-pan water-closet or other apparatus or receptacle to be out of repair or to be so used or contrived that the water supplied to him by the promoters is or is likely tobe wasted misused unduly consumed or contaminated or so as to occasion or allow the return of foul air or other noisome or impure matter into any pipe belonging to or connected with the pipes of the promoters he shall for every such offence be liable toa penalty not exceeding five pounds. 31. If any person— Penalty for misappli« (1.) Not having from the promoters a supply of water for other "ero water than domestic purposes uses for other than domestic purposes any water supplied to him by the promoters or Having from the promoters a supply of water for any purpose other than domestic uses such water for any purpose other than those for which he is entitled to use the same he shall for every such offence be liable to a penalty not exceeding forty shillings without prejudice to the right of the promoters to recover from him the value of the water misused, 32. It shall not be lawful for the owner or occupier of any No pipeto be fixed premises supplied with water by the promoters or any consumer of the ier water of the promoters or any other person to affix or cause or permit of promoters. to be affixed any pipe or apparatus to a pipe belonging to or used by such owner occupier consumer or any other person or to make any alteration in any such communication or service pipe or in any apparatus connected therewith without the consent in every such ease of the promoters And if any person acts in any respect in contra- vention of the provisions of the present section he shall for every such offenee be liable to a penalty not exceeding five pounds without pre- judice to the right of the promoters to recover damages from him in respect of any injury done to their property and without prejudice to their right to recover from him the value of any water wasted misused or unduly consumed. 33. If any person not being supplied with water by the pro- Penalty for unlaw- moters wrongfully takes or uscs any water from any reservoir water- taking water. course conduit or pipe bclonging to the promoters or from any pipe leading to or from any such reservoir watercourse conduit or pipe or from any cistern or other like place containing water belonging to the promoters or supplied by them for the use of any consumer of the water of the promoters he shall for every such offence be liable to a penalty not exceeding five pounds. 34. Inspection of water. PoLLuTING THE WATER. Penalty for bathing in water of the promoters. Penalty for throwing dirt therein, Penalty for letting foul water flow thereinto. Penalty for per- mitting substances produced in making gas to flow into works, Penalty on gasmakers causing water to be fouled. Power to examine gas pipes to ascertain cause of water being fouled. 50° VIC. 1886. ~ Penrith Water and Gas Supply. 34. The surveyor or other person appointed for that purpose by the promoters may between the hours of ten o'clock in the forenoon and four o'clock in the afternoon enter into any house or premises supplied with water by the promoters in order to examine if there be any waste or misuse of such water and if such surveyor or other person at any such time be refused admittance into such dwelling-house or premises for the purpose aforesaid or be prevented from making such examination as aforesaid the promoters may turn off the water supplied by them from such house or other premises. 35. If any person bathe in any stream reservoir aqueduct or other waterworks belonging to the promoters or wash throw or cause to enter therein any dog or other animal he shall for every such offence forfeit a sum not exceeding five pounds. 36. If any person throw convey or cause or permit to be thrown or conveyed any rubbish dirt filth or other noisome thing into any such stream reservoir aqueduct or other waterworks as aforesaid or wash or cleanse therein ony cloth wool leather or skin of any animal or any clothes or other thing he shall for cach such offence forfeit a sum not exceeding ten pounds. 37. If any person cause the water of any sink sewer or drain steam-engine boiler or other filthy water belonging to him or under his control to run or be brought into any stream reservoir aqueduct or other waterworks belonging to the promoters or shall do any other act whereby the water of the promoters shall be fouled he shall for each such offence forfeit a sum not exceeding twenty pounds and a further sum of twenty shillings for each day (if more than one) that such offence continues. 38. Every person making or supplying gas within the limits of any water district who shall at any time cause or suffer to be brought or to flow into any reservoir aqueduct or waterworks belonging to the promoters or into any drain communicating therewith any washing or other substance which shall be produced in making or supplying gas or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such reservoir aqueduct or other waterworks shall be fouled or the pipes or conduits thereof injured shall forfeit to the promoters a sum not exceeding twenty pounds to be recovered with full costs of suit for each day during which such washing or other substance shall be brought or shall flcw as aforesaid or during which the act shall continue by which such water is fouled after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the promoters. 39. Whenever the water supplicd by the promoters shall be fouled by the gas of any person making or supplying gas within the district aforesaid such person shall forfeit to the promoters for every such offence a sum not exceeding twenty pounds and a further sum not exceeding ten pounds for cach day during which the offence shall continue after the expiration of twenty-four hours from the service of notice of such offence. 40. For the purpose of ascertaining whether the water of the promoters be fouled by the gas of any person making or supplying gas within the said district the promoters may dig up the ground and examine the pipes conduits and works of the persons making or sup- plying gas Providing that before proceeding so to dig and examine the promoters shall give twenty-four hours notice in writing to the person so making or supplying gas of the time at which such digging and examining is intended to take place and shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place and shall be subject to the like 1886. 50° VIC. | 169 Penrith We ater and Gas Supply. like obligation of reinstating the road and pavement and to the same penalties for delay or any nonfeasance or misfeasance therein as herein- after provided with respect to roads and pavements broken up by the ye expense to abide promoters for laying their pipes and if upon such examination it the result of the appears that such water has been fouled by any gas belonging to such """"™ person the expenses of the digging examination and repairs of the strect or place disturbed in any such examination shall be paid by the person making or supplying gas but if upon such examination it appears that the water has not been fouled by the gas of such person then the pro- moters shall pay all the expenses of the examination and repair and also make good to the said person any injury which may be occasioned to his works by such examination. 41. The following provisions shall take effect for the purpose Provisions as to con- of protecting the water in the maius or other pipes of the promoters Mike pipes loset and from all impuritics from closets and other receptables of faecal matter mains and as to or urine— (i) It shall not be lawful for any person to connect with the No closet pipes main any pipe delivering the water directly into the closet- tincatie withthe pan or other receptable for fecal matter or urine without the main. intervention of a cistern or cisterns into which the water from the main shall first be received and any person so offending shall forfeit and pay a penalty not exceeding fifty pounds. (11) 'Che promoters may employ any artificers or workmen to cut Promoters may off or otherwise disconnect from the main any pipe directly disconnect pipes in discharging the water into a closet without the intervention ofa cistern [hereinafter termed "directly connected" ] and which in the opinion of the promoters may endanger the purity of the water by the absorption of noxious gases or suction of faecal matter or urine mto such pipe or into the main or otherwise For the purpose of effecting such discon- nection the promoters' artificers and workmen may enter into and upon the premises of any person or corporation whatsoever to do or cause to be done anything in his opinion requisite or necessary in relation thereto. (111) Whenever the promoters shall have caused any pipe to be Theexpense in